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1. The Defendant shall pay to the Plaintiff KRW 36,898,810 and the interest rate of KRW 15% per annum from June 1, 2017 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On October 8, 2014, the Plaintiff supplied ready-mixed to the Defendant’s construction site located in Seocho-gu, Changwon-si, the Defendant agreed to pay the ready-mixed in cash within two months after the end of each month, within two months after the end of each month.
B. During the period from October 8, 2014 to May 9, 2015, the Plaintiff supplied ready-mixed equivalent to KRW 121,898,810 in total at the construction site located in the above C, and received KRW 85,00,000 in total from the Defendant during the period from February 16, 2015 to June 18, 2015.
[Reasons for Recognition] Each entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings
2. According to the facts of the above recognition as to the plaintiff's claim, the defendant is obligated to pay to the plaintiff the remaining ready-mixed price of 36,898,810 won (121,898,810 won - 85,000,000 won) and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from June 1, 2017 to the date of full payment, which is obviously a day following the date of service of the original copy of the payment order of this case, as requested by the plaintiff.
On October 6, 2015, the defendant's above ready-mixed obligation is a debt owed by the defendant company before the non-party D acquires the defendant company from the non-party D to the "A" corporation. Thus, it cannot respond to the plaintiff's claim. However, the defendant company's trade name is changed from "B corporation" to "A corporation" or the defendant company's company's company's company's company's company's company's company's company's company's company's company's company's company is changed.
3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.